they have settled smart phone technology with microsoft and nokia, but not the android battles out. there and samsung across many courtrooms in the world and. apple shares right now up 1% on this move. stock market coming off its worst week in five months, tuning to the looming fiscal cliff and the european debt crisis and leveled the market before setting a bid on saturday. thanks to veterans, no bond trading. market is open for business and we're looking at slight gains to start off today. the dow is up by 21 points. nasdaq, 13. and cisco, the network gear making conference maker is going to be reporting earnings tomorrow and it's a bell weather for other big firms out there. thank you jason. >>> time for a look at what's coming up later on cbs this morning. and charlie rose joins us live in new york sitting in the big chair. >> new information about the woman who had an affair with david petraeus. and did paula broadwell have access to classified information. >>> and airlines saying new rules will lead to the worst lack of pilots in history. that and more when we see you at 7. >>